Family feud: Sister sues sister for $1.37M in Yonkers real estate tussle
Sister is suing sister for $1.37 million in a continuation of a 5-year family feud over control of a Yonkers real estate management company.
Raquel Tusaneza Santiago claims that Rossanne Tusaneza Anacta, her sister and the business manager of 3R Co., is not distributing income to family members, according to a lawsuit filed Dec. 7 in Westchester Supreme Court.
Their brother, Al R. Tusaneza, made nearly identical charges in 2016.
Now, Raquel claims, Rossanne is “engaging in the same mismanagement of 3R Co. that necessitated the 2016 lawsuit.”
3R was formed in 1997 to own and manage 46 apartments in three cooperative apartment buildings. The buildings include the Caterina at 143 Bruce Ave., Yonkers, where 3R is based, and co-ops in Fordham Manor and Kingsbridge in the Bronx.
Rossanne and Al each own 40% and Raquel owns 20% of 3R, according to the complaint. Rossanne, of New Fairfield, Connecticut, manages the business.
Al R. Tusaneza of Yonkers sued 3R and Rossanne in 2016, claiming she had not paid $135,000 in maintenance charges on the apartments. The complaint also names Raquel of Yonkers and her three children ”“ to whom he said Raquel had allocated her interest in 3R ”“ but made no specific allegations against them.
“Virtually all of the 46 apartments are rented,” his complaint stated, “so there should have been ample funds to pay maintenance.”
Al Tusaneza said Rossanne would not allow him to inspect 3R”™s records and he demanded an accounting of the business.
The case settled quickly. The terms were not publicly disclosed, but Raquel said in the new lawsuit that the siblings confirmed their interests in 3R and allocated ownership rights to one another to specific apartments.
Raquel now claims Rossanne has not paid $284,000 in maintenance charges and fees on the apartments, and she accuses her sister of commingling 3R funds with personal funds.
Raquel has paid nearly $50,000 in overdue payments on her nine apartments, the complaint states, and “certain building owners” are about to sue 3R to recover overdue payments.
Raquel is demanding access to the company”™s books and bank records. She accuses her sister and 3R of breaches of contract and fiduciary duty, unjust enrichment, conversion of funds, and negligence.
Efforts to contact Rossanne for her side of the story were unsuccessful.
The complaint does not put a price on alleged damages, but a summons filed in October states that Raquel is seeking $370,000 plus $1 million in punitive damages.
Yonkers attorney Nancy Durand represents Raquel.